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Volume :46 Issue : 177 2020      Add To Cart                                                                    Download

The Precondition of Legal Action in the Mortgage Property of the Credit and Savings Bank between Legitimate and Illegitimate - A Study in the Light of Kuwaiti Court of Cassation Rulings.

Auther : Dr. Khaled A. Al-Dhafiri

The issue of the permissibility or non-sale of mortgaged property subject to the official responsibility of the Credit and Savings Bank was a matter of dispute before the Chambers of Cassation Court. Some of the Chambers turned to the inadmissibility of selling based on the precondition of disposition, while others decided that it was permissible to establish the right of the owner to dispose of the mortgaged property, and recently ended the General Authority for Civil and Commercial Materials and personal and administrative conditions to be permissible, so the plan of this research was divided into the introduction and first chapter was titled of the legality of the condition precluding the disposal of mortgaged property while the second chapter was entitled Illegal precondition of the disposal of the mortgaged property.
Study Methodology: The research methodology was based on the statement and analysis of the Kuwaiti Court of Cassation rulings regarding the validity or invalidity of disposing of mortgaged property of the Savings and Credit Bank.
Study Conclusion: Achieving a very legislative provision of housing care, the Kuwaiti judiciary has previously shown a hard line and went to the judgment on the validity of the preventive condition. Modern judicial approach gave the borrower a hand in disposing of the mortgaged property without the need for the approval of the Savings and Credit Bank to act.

Keywords: The Condition Prohibiting the Disposal, the Permissibility of Disposal, a Housing Sponsorship Loan, the Savings and Credit Bank, Mortgaged Property, Mortgage.

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Dec 26, 2021

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